16 Guam Code Ann. § 9107
Attorney's Note
Under the Guam Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| misdemeanor | up to 1 year | up to $1,000 |
| petty misdemeanor | up to 60 days | up to $500 |
Terms Used In 16 Guam Code Ann. § 9107
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
COL9192018
16 Guam Code Ann. VEHICLES
CH. 9 PENALTIES
(a) Every person who drives any vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. Every person convicted under this Section shall be guilty of a petty misdemeanor upon a first conviction. Upon a second or any subsequent conviction of the violation of this Section within a period of five (5) years of the date of commission of the first offense the offender shall be guilty of a misdemeanor.
(b) Whenever such reckless driving of a vehicle proximately causes bodily injury to any person, the person so driving such vehicle shall be guilty of a misdemeanor.
(c) Where a person drives in wanton disregard of persons or property, or whenever such reckless driving of a vehicle proximately causes a collision in which bodily injury or property damage result, the person so driving such vehicle shall, upon conviction or filing, without contest, of an official investigation report that the person committed the offense of reckless driving, and in addition to the penalties provided in Subsections (a) and (b), be required to attend a course in driver education not less than six (6) weeks in length, and to obtain a certificate of attendance at the satisfactory completion of such course, and/or a defensive driving program at the discretion of the court, for a first offense. Such course or program shall be provided by a company/provider certified by the Department of Revenue and Taxation, and shall be attended by the convicted reckless driver after serving his sentence or paying his fine, or both. Failure of such convicted reckless driver to attend such course or program shall constitute a separate offense and shall be punishable as a petty misdemeanor.
(1) In addition to the penalties provided in Subsections (a) and (b) of this Section, when the person driving the vehicle has one (1) or more prior convictions for the offense of reckless driving, which may or may not have resulted in bodily injury or property damage, shall upon conviction of filing, without contest, of an official investigation report that the person committed the offense of an additional violation of reckless driving, within eighteen (18) months of the first violation, require the driver to take and complete a defensive driving program, in addition to taking, or retaking, a driver education course.
COL9192018
16 Guam Code Ann. VEHICLES
CH. 9 PENALTIES
(2) All costs for the taking of a defensive driving course, as ordered by the court, shall be paid by the person convicted of the offense of reckless driving.
SOURCE: Subsection (c) amended by P.L. 31-208:3 (May 9, 2012).
COURT DECISIONS: D.C. Guam, App. Div., 1963. Evidence of intoxication, excessive speed and crossing a no-passing line shortly before accident amply prove the charge of reckless driving. It is immaterial whether or not the other driver might have been subject to a contributory negligence claim in a civil action. People v. Carolan, 1 Guam R. 103.
D.C.Guam, App. Div., 1967. Where drinking and speeding driver skids twice into path of oncoming cars before accident, he knows or could appreciate fact that his actions could cause danger, and was guilty of reckless driving. While drinking alone will not constitute reckless driving, such drinking may be evaluated as part of evidence showing reckless driving. People v. Santos, 1 Guam R. 399.